What criminal remedies can I pursue along with a domestic violence complaint?

Question

I am facing domestic violence at home. Apart from civil protection orders, what criminal cases can I file against my abuser? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What criminal remedies can I pursue along with a domestic violence complaint? is governed in India primarily by Protection of Women from Domestic Violence Act 2005, BNS 2023 s.85 and BNS 2023 s.115-118. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

The Domestic Violence Act, 2005 itself is largely a civil remedy statute providing protection orders, residence orders, monetary relief and custody orders under sections 18-22, but breach of a protection order under s.31 is a criminal offence punishable with up to 1 year imprisonment or fine or both.

Alongside DV Act proceedings, you can file a criminal complaint under BNS s.85 for cruelty by husband/relatives, and under BNS s.115-118 for hurt or grievous hurt if physical violence caused injury.

If the violence includes threats, you can add BNS s.351 (criminal intimidation), and if there is sexual violence within marriage in aggravated circumstances, other BNS provisions may also be invoked depending on the facts.

DV Act applications are filed before the Magistrate and are heard relatively faster (the Act mandates first hearing within 3 days and disposal within 60 days as far as possible), making it a useful parallel track to a slower criminal trial.

A Protection Officer appointed under the Act assists in filing the Domestic Incident Report (DIR), which becomes foundational evidence for both the civil DV application and any criminal complaint.

What to do next: 1) Contact a Protection Officer or approach the police to get a Domestic Incident Report registered; 2) File an application under the DV Act for protection, residence and monetary relief before the Magistrate; 3) Simultaneously lodge a criminal complaint under BNS s.85 and other applicable sections for the physical/verbal abuse; 4) Keep medical records, photographs and witness details ready to support both proceedings.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Protection of Women from Domestic Violence Act 2005 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.